Immigration Issues/L1 to H1 cap exempt

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Question
Hi Ajay,

Good Evening. Here are the facts of my case.

H1 B Petition through Company A:
Start of Petition Oct 2007 to Oct 2010. Never came to US on this petition.

H1 B Petition Transfer to Company B:
Start of Petition Feb 2009 to Feb 2012. Came to US in March 2009 and Left to India in June 2009. 3 Months of Stay.

L1 B Blanket from Company C:

Start of Petition Aug 2010. And here is the US travel history on L1. I travelled to US after more than 1 years since last travel.

Sept 2010 to Dec 2010 (4 months)
May 2011 to Oct 2011 (5 Months)
April 2012 to till date. (8 Months)

My Question:

1. Can Company D apply for a change of Status from L1 to H1 with a Cap excempt in this case?
2. Will expiring of H1 petition not cause any problems when applying for change of status?
3. I total stay in us is 3+4+5+8=20 Months. I am eligible for 6 years - 20 months = 4 years 4 months of Stay in US on H1 if COS is possible.

I eagerly awaiting your response.

Thanks a lot in advance,

Answer
Hi,

If you wish to be exempt from the H1B visa cap, then Co. D can file an H1B petition for you requesting change of status from L1B to H1B on the basis that you were in H1B status at some point within the past six years. It is OK if you are not currently in H1B status.

However, the amount of time that you were earlier in H1B status plus the time that you have been in the U.S. in L1B status (20 months) will be subtracted from the 6 years aggregate allowed. Thus, you will have 4 years and 4 months available for H1B.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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